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Navigating Co-Parenting During Natural Disasters

Posted by LEISA WINTZ | Oct 09, 2024 | 0 Comments

Natural disasters are a challenge for everyone, especially for co-parents who must prioritize the safety of their children while also adhering to court-ordered parenting plans. At Family Matters Law Group, P.A., we frequently receive questions from clients and concerned parents about how to handle co-parenting during emergencies, particularly when tensions are high, and decisions must be made quickly.

As many of you know, Florida is no stranger to natural disasters like hurricanes, and with unpredictable weather, planning ahead can be critical for the safety and well-being of your children. So, how do you co-parent effectively during a crisis?

1. Follow Your Parenting Plan—If It's Safe to Do So

For those of you who have a detailed parenting plan in place, it likely includes provisions about what to do during emergencies. These plans often specify that the parent who is currently exercising timesharing at the time of a school closure (or a disaster declaration) will keep the child until it is safe to exchange them. The goal is to provide a clear roadmap for parents so that decisions don't have to be made in the heat of the moment.

However, following the parenting plan should never come at the expense of safety. If conditions make it unsafe to follow the plan—such as driving in hurricane-force winds or through floodwaters—you must use your best judgment to protect yourself and your children.

2. If You Don't Have a Parenting Plan: Use Common Sense

If you don't have a court-ordered parenting plan that addresses natural disasters, you'll need to rely on common sense and good judgment. Safety should be your priority. This might mean postponing a timesharing exchange if conditions are dangerous or relocating to a safer area, even if that wasn't part of the original plan.

It's important to communicate with your co-parent as best as possible during these situations. Let them know where you are, what your plan is, and when you expect to return. While it's crucial to prioritize safety, keeping open lines of communication can help reduce conflicts later on.

3. When Cooperation Is Lacking: Do What's Best for Your Child

Sometimes co-parenting is complicated by a lack of cooperation. You may face a situation where your co-parent refuses to allow the children to relocate to safety or insists on a timesharing exchange that would put everyone in danger. In these moments, it's critical to focus on what's best for your child. If that means making a decision that goes against your timesharing arrangement, communicate that choice clearly and safely.

In family law, judges prioritize the safety and well-being of children. If you have to make a tough decision to protect your child during a natural disaster, it is highly unlikely that a court will penalize you for putting their safety first. It's always better to seek forgiveness later than to risk harm in the moment.

4. What Happens After the Storm? Legal Considerations

Once the immediate danger has passed, you may face legal questions about your decisions during the emergency. Your co-parent might file a motion for contempt if they believe you violated the parenting plan. However, courts are unlikely to punish parents for failing to adhere to timesharing when natural disasters are involved, especially if the decisions made were in the best interest of the child's safety.

If you need to make up missed timesharing or address other concerns after the disaster, work with your attorney to resolve these issues as calmly and cooperatively as possible.

5. Planning for the Future

If your current parenting plan doesn't address natural disasters, now is a good time to consider updating it. Provisions regarding what to do during school closures, weather warnings, or evacuations can provide peace of mind for both parents and help ensure that your child's safety remains the priority.

6. Key Takeaways for Co-Parents During Natural Disasters:

• Safety First: Always prioritize the safety of your children and yourself.

• Follow Your Plan: If it's safe to do so, follow your parenting plan's provisions for emergencies.

• Use Common Sense: When no plan is in place, make rational, child-focused decisions.

• Communicate Clearly: Keep your co-parent informed about your safety plans and decisions.

• Be Prepared: Consider adding natural disaster provisions to your parenting plan to avoid confusion and stress during future emergencies.

If you have specific questions about your parenting plan or need guidance on co-parenting during a natural disaster, we are here to help. Contact Family Matters Law Group, P.A., for assistance. Let's work together to keep your children safe while navigating the complexities of family law in Florida.

Stay safe, and remember that we are always here to support you during these challenging times.

Contact Family Matters Law Group, P.A.

For more information, legal assistance, or to schedule a consultation, please visit our website or call our office.

Stay safe, Florida!

About the Author

LEISA WINTZ

Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...

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